A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. After reviewing the evidence, Sami took the case to trial and thoroughly cross examine, CR was charged with 3 counts of unlawful use of a weapon and possession of a firearm by a felon. Our office is in DuPage County (Woodridge, IL) we offer free consultations. Class 1 felony possession is the most serious of the possession felonies. Driving under the influence of drugs and alcohol is a serious crime in and of itself but doing so in conjunction with an accident from which you flee the scene is even worse. The seriousness of the offenseresults in a higher level(and placement in a lower sentencing zone). These crimes include: First Degree Murder; Rape; Forcible sex offenses in concert with another person; Forcible lewd and lascivious acts on a child under 14 years of age; Forcible penetration by a foreign object; and. [ Attorney Bio ]. Illinois must change its penalties to reduce the harm caused by these arrests and prosecutions of people likely to be substance users, so that felony prosecutions and convictions are not a barrier to people getting the treatment and support that they want and need. . Unless the defendant committed the crime while serving probation for a previous felony, judges may impose a sentence of probation or conditional discharge for up to four years. 5/5-4.5-20 (2020). Class 3 felonies are punishable by 2 to 5 years in prison. This is the least serious class of felony, and includes offenses such as theft. ), (720 Ill. Comp. (730 Ill. Comp. 5/16-30, 5/16-40, 5/17-38, 570/406.2 (2020). Start here to find criminal defense lawyers near you. Illinois considers not only well-known drugs like LSD, heroin, and cocaine to be controlled substances, but also the compounds used to manufacture them. Board of Bar Overseers Number #552110. Federal Drug Sentencing Laws Bring High Cost, Low Return: Penalty increases enacted in 1980s and 1990s have not reduced drug use or recidivism Pew Charitable Trusts Public Safety Performance Project, August, 2015 "From 1980 to 2011 (the latest year for which comparable statistics are available), the average prison sentence imposed on drug . Cook County imprisoned 751 people in Cook County Jail in 2021 whose highest charge was a Class 4 possession of a controlled substance or Class 3 possession of methamphetamine. Overall, those people spent a minimum of one and a maximum of 306 days in jail in 2021, totaling a collective 24,424 days in jail. Drugs. Sentence: 1. In fact, anyone accused of manufacturing, delivering or possessing with the intent to manufacture or deliver a controlled substance in Illinois may face: It is important to note, however, that the penalties mentioned so far are simply a small portion of the criminal consequences possible under Illinois law. Conviction of any drug offense, including simple possession, being under the influence, and possession of paraphernalia, can make the person What Is the Average Jail Time for Drug Possession? Illinois criminal justice reform groups say that reclassifying drug possession charges is a first step toward changing substance use from a criminal issue to a public health issue. Drug laws are often touted as necessary to catch and prosecute drug kingpins; the legislative intent section of the Illinois Controlled Substances Act (720 ILCS 570/100) notes: It is not the intent of the General Assembly to treat the unlawful user or occasional petty distributor of controlled substances with the same severity as the large-scale, unlawful purveyors and traffickers of controlled substances. In practice, however, the brunt of Illinois drug law enforcement does fall on people who possess small amounts of drugs, not large-scale traffickers. Given the severity of consequences a drug-crime conviction carries, it is more important than ever to seek expert legal counsel as soon as possible. Enacted in the 1980's, the federal sentencing guidelines for drug trafficking impose significant penalties for people convicted of federal drug trafficking crimes. Zone D: Sentences range from 15 months to life imprisonment. In 2019, proponents of decriminalization, including the ACLU of Illinois and other civil rights groups, sought through House Bill 2291 to quantify thresholds for possessing various substances that would result in misdemeanor charges rather than felonies. A conviction would have resulted in a revocation of his drivers license. Police officer convicted and sentenced to death for ordered the killing of a witness for an internal affairs investigation into a police misconduct complaint against him. one to three years in prison (or three to six years for an extended term), plus one year of supervised release, periodic imprisonment for a term of up to 18 months, and/or. In fact, while many states have legalized the medicinal use of marijuana and marijuana extracts including Illinois it technically remains illegal under federal law. A statute of limitations is a time limit for filing a legal casein the case of criminal proceedings, for filing charges. Chicago Appleseed Center for Fair Courts People in the Initial Enhancement group were 2.6 times more likely to face more than a year in prison for their case. Stat. Chicago Appleseed Center for Fair Courts. Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. These numbers show that traffic stops and pedestrian stops primarily drive people who possess small amounts of drugs into the criminal legal system. 924(c). . Stat. Ownership of an illegal drug is a felony crime under Illinois law. Drug courts provide offenders with an opportunity to receive treatment. As a result of this act: Although marijuana has been legalized, violations of the new law are still taken seriously in Illinois, as are DUI and other drug-crime offenses. 5/9-1; 730 Ill. Comp. When youre up against criminal charges, youre facing something that can change your life. possession of less than five grams of meth. Stat. 100 to 399 grams: Punishable by incarceration of six to 30 years. Rolling Meadows, IL 60008, 633 Skokie Blvd The federal crimes that are most commonly committedinvolve: In 2012, these four categories accounted for 82.7 percent of all federal crimes reported. Stat. After a defendant pleads guilty or is convicted of a felony, the judge will impose one or more of the penalties allowed under Illinois law for that class of crime, including: Except for life sentences, every sentence of imprisonment must also include a period of mandatory supervised release (known as parole in most states) after the defendant has served the time in prison. We offer a free consultation to discuss the individual circumstances of your case and determine the best way to proceed. The number of federal crimes has long believed to be virtually uncountable. Technically, anyone who ends up getting arrested for a drug offense can be considered in violation of a federal law, but most people are only prosecuted on a federal level if: Some of the examples offederal drug chargesinclude: The above offenses apply to illegal drugs (such as heroin or cocaine) as well as legal drugs (such as Ativan or Percocet) that are used or distributed illegally. First Offense: Not more than 3 years. DRUG CRIMES. Some federal crimes carry a mandatory minimum sentence of 5 years, 10 years, or even life imprisonment without the benefit of parole. Anyone found in possession of 900 grams or more of heroin, cocaine or morphine, may be sentenced to 10 to 50 years in prison and fined up to $200,000 or the full street value of the drug, whichever is greater Similar to marijuana-related penalties, Illinois law also prohibits the manufacture and/or delivery of several drugs. Entanglements with the law are just some of the many devastating consequences people face while struggling with a substance abuse problem. In 2021, state representatives passed a proposal, House Bill 3447, to help people struggling with drug addiction receive community drug treatment instead of putting them in jail. We will answer all your questions and make sure you fully understand the facts surrounding your case and what you need to know about Illinois drug laws. Out of about 8.5 million traffic stops made by police in Illinois from 2016 through 2019, only about 28,000 recovered more than 10 grams of drugs - 0.3% of all stops. The law added attacks on these merchants to the circumstances that turn simple battery into aggravated battery (as discussed below). Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Ebron, Joseph +. You should contact an attorney who specializes in drug crimes to understand the charges you face, any possible defenses or options, and the possible outcomes of your case. Data from over 540,000 arrests by the Chicago Police Department between 2014 and 2021 show that about 66,000 arrests about 12% of all arrests during that time are for behavior criminalized under the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act. Mandatory minimum sentences exist for individuals that "carry a firearm" during the commission of a crime of violence or drug trafficking pursuant to 18 U.S.C. Sami was a part of the trial team, GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. A class X felony is punishable by: Class 1 Felony. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. A first conviction for the possession of an anabolic steroid is a Class C misdemeanor punishable by incarceration of up to 30 days and a fine of up to $1,500. This means that possession, even of very small amounts of drugs, can lead to serious criminal legal system involvement. Stat. Although many people arrested for drug allegations are found with small amounts, they are not always charged with low-level possession of a controlled substance. Depending on the choices made by police and prosecutors, people can be charged with possession with intent to deliver instead of just possession, which leads to harsher sentences. The measure would have: This defelonization bill failed to pass in the Illinois General Assembly. 5/5-4.5-3, -50 (2019).). (720 Ill. Comp. Illinois Drug Laws. The following charges are Class X felonies in Illinois: Aggravated kidnapping, 720 ILCS 5/10-2. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 20 years added to sentence imposed; Discharge of firearm causing death or injury: 25 years or up to natural life added to sentence imposed; MISDEMEANORS 730 ILCS 5/5-9-1 & 5/5-8-3. ), Prison sentences for Class 2 felonies in Illinois are generally between three and seven years (or between seven and 14 years for an extended term), plus up to two years of mandatory supervised release. Fine not more than $250,000 if an individual, $1 million if not an individual. A class 1 felony is punishable by: Class 2 Felony. The victim was a minor child, over 60 years of age, or otherwise vulnerable. Illinois has 5 classes of felony charges. (720 Ill. Comp. Don't let yourself or your loved ones become one of these statistics. Tylenol with codeine. 5/5-4.5-35 (2020).) If you are convicted of a repeat Class 1 felony within 10 years, the court must impose the minimum period of incarceration allowed for that crime and cannot order conditional discharge, probation, or periodic imprisonment (also called "weekend" imprisonment). It also includes several other substances that were moved from Schedule III before the amendment, including ecstasy, GHB, and rohypnol, also known as date-rape drug. Repeat offenses. Illinois recognizes five classes of felony, in addition to first-degree murder. Selling 250 milligrams or more of substances containing LSD: base offense level 18. The court may double penalties for a repeat conviction under the Controlled Substances Act. Sentenced to 36 months in prison, $5,000 fine. The most serious felonies are first-degree murder (which is in its own class) and Class X felonies. Then read below to learn about possible charges and sentences. Stat. Some Class 2's and Class 1's can be sentenced to 6-30 years if the defendant qualifies. committing a felony (except for certain especially serious crimes) while armed with a gun. It is time for Illinois to modernize our system and make the change necessary to reduce penalties for drug possession. 5/5-4.5 (2019).). Class 1 felonies in Illinois are punishable by up to 15 years in prison and a fine of up to $25,000. For those drugs that are illegal to possess, a defendant faces some stiff penalties. If a drug crime results in the bodily injury or death of another, for instance, the base offense level will be higher than a drug crime that doesnt directly harm someone. Stat. Statistics based on prior month's data -- Retrieving Inmate Statistics. SS was at the NATO protest that took place in downtown Chicago. 5/5-4.5-15, 5/5-4.5-50 (2020).). The Illinois Uniform Crime Report (I-UCR) published by the Illinois State Police (ISP) was the source for drug arrest data. Drug offenses are the second most committed federal crime, second only to immigration offenses; they typically account for 30 percent of all federal crimes (while immigration crime accounts for 32 percent). Possession of any other amount of a Schedule I or II narcotic (other than those discussed above) is a Class 4 felony, punishable by incarceration of one to three years and a fine of up to $25,000. However, the penalties can vary greatly from state to state. (720 Ill. Comp. You can find the current version of any statute mentioned in this article with this search tool. There are 43 levels of offenses. Subsequent offenses can be punished by a Class 3 felony. The Illinois Controlled Substances Act schedules substances as either Schedule I, Schedule II, Schedule III, or Schedule IV. The Illinois Sentencing Policy Advisory Council (SPAC) has calculated the approximate cost of incarcerating someone in Illinois jails in 2021 was $40,567 annually, or about $111.14 per day. Illegal possession of Schedule III, IV, or V drug is a Class 4 felony punishable by incarceration of one to three years and a fine of up to $25,000. In some states, the information on this website may be considered a lawyer referral service. DUIs and hit-and-run accidents are two separate crimes in Illinois. Offense: Maintaining drug involved premises; . ), In August 2020, Illinois enacted a law that makes it a Class 3 felony to attack a retail worker who's relaying the store's health and safety policies or the rules, guidelines, or recommendations issued by a public health agency during an emergency or disastersuch as requirements for wearing a face mask or practicing social distancing during the COVID-19 pandemic. The new mandatory minimum sentencing laws created a rise in prison populations due to drug charges. The Assembly passed the bill, 60-12. Attitudes toward drugs are changing throughout the country, and many people believe that the war on drugs, which threw so many non-violent offenders into jail, has created more problems than it solves. Usually, the amounts of drugs that are found are small. Even a first-time offender without a criminal background is subject to a mandatory prison sentence for a Class X felony. People who are found to be minimally involved in a drug crime will usually find their level decreases by two. If you have prior possession convictions, you may face enhanced penalties. (730 Ill. Comp. Although there is no evidence that White and Black people use or sell drugs at different rates, both pedestrian/traffic stops and arrests are highly disparate in terms of their impact on Illinois Black communities. Copyright 2022, Azhari, LLC - All Rights Reserved. Still, anyone charged with a drug crime in Illinois faces major penalties, including fines, a criminal record, and jail time. Some drugs, like codeine (a common painkiller), can be possessed legally so long as the holder has a valid prescription. Separate penalties apply to the sale of, possession with intent to sell, and manufacturing of controlled substances. The judge may impose a sentence of periodic imprisonment (between 18 and 30 months) or up to four years of probation or conditional release. They have the highest potential to be abused and no legitimate medical use in the U.S. Unauthorized prescription. A federal drug charge is a narcotic-related criminal act deemed illegal by the federal government. 570/402, 730 Ill. Comp. White. The counts represent the most recent totals published as of the last update to the dashboard. Based on SPACs calculated the costs of a year of IDOC incarceration for 2018, 2019, and 2021, the costs to imprison people during this time was $54,351 per year. (September 2022) This primer provides an overview of the statutes, sentencing guidelines, and case law applicable to federal drug offenses. Although a misdemenaor, it can still result in up to a $1,000 fine and one year of incarceration. This area of the law is even further complicated when state lawmakers elect to take a position on a particular drug that contradicts the stance held by the federal government, such as in the case of medical marijuana. Other offenses that would have become misdemeanors under the bill included possession of less than 5 grams of cocaine; less than five pills of most Schedule III substances, such as Xanax and Valium; or less than 40 pills of oxycodone or similar painkillers. Steroids. Therefore, it is important to understand the different punishment ranges for the different degrees of offense: Unlawful manufacturing, importing, exporting, trafficking, or possession with intent to engage in conspiracy: base offense levels of 21, 26, 30, 38, or 43. That's another good reason to consult a lawyer if you're concerned about actual or potential criminal charges. Class A: Up to $2500 Fine &/or Up to 1 Year in Jail. 15 - 100 grams (at least 4 but no more than 15 years in prison) 100 - 400 grams (at least 6 but no more than 30 years in prison) 400 - 900 (at least 8 but no more than 40 years in prison) According to the United States Sentencing Commission (USSC),most people who commit federal crimes(drug related or otherwise): There are certain factors that dictate thesentencing guidelines for federal drug crimes. Cocaine is by all measures the most common controlled substance. (730 Ill. Comp. A table created by the United States Sentencing Commission weighs the criminal history of the defendant against the nature of the offense. However, the sentence can also be enhanced for "serious" crimes. When most people hear the words "drug trafficking," they imagine drug dealers or international drug smugglers; professional criminals who . Stat. Only 0.9% of pedestrian stops resulted in finding more than 10 grams of drugs. Stat. ), In general, Illinois law sets the prison sentence for Class 1 felonies at between four and 15 years (or 15 to 30 years for an extended term), plus two years of mandatory supervision. We know the tactics that over-zealous prosecutors can use when it comes to drug charges, and we know how to combat them. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Because of the potential harm to others, drug trafficking is punished more severely than mere possession; the larger the amount of the drug involved, the greater the punishment. Illinois residents age 21 and over may now legally purchase up to one ounce of flower (dried herb) and up to five grams of cannabis concentrate (such as hashish or tincture). The concept of intent to deliver has been broadly interpreted by courts, with factors that apply to nearly everyone, such as having a cell phone (People v. Thomas, 2019 IL App (2d) 160767 at P24), as well as factors that apply to many people that use drugs, such as having paraphernalia (People v. Berry 198 Ill. App. The possession of 200 grams or more of Schedule I or II narcotics (other than those discussed above) is a Class 1 felony, punishable by incarceration of four to 15 years and a fine of up to $200,000. 2023 Sheppard Law Firm, P.C. The experienced Illinois drug charges lawyers at Wolfe & Stec, Ltd.are skilled trial lawyers who believe each case is unique, with its own set of circumstances and requirements. A felony conviction can have serious, long-term consequences. A DUI Task Force led by Illinois State Police has been created to examine best practices for roadside testing. Marijuana Possession Laws in Georgia. Only the Attorney General of the United States has the authority to seek the death penalty. She was pulled while driving home with several people in her car. 570/402; 730 Ill. Comp. Given the inherent complexities of navigating these two distinct systems, it is often advisable for those facing possible drug-crime charges to become acquainted with some of the more significant penalties for drug crimes in Illinois. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail. (720 Ill. Comp. Knowledgeable legal counsel can fully explain the differences between Illinois and federal criminal charges as well as any corresponding criminal penalties. Fraud and possession of illegal firearms each account for around ten percent; other federal crimes make up the remaining offenses. 15-100 grams - imprisonment for 6-30 years; 100-400 grams - imprisonment for 9-40 years; 400-900 grams - imprisonment for 12-50 years; or. 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